LAWS(ALL)-2004-12-172

MUKESH SINGH Vs. STATE OF U P

Decided On December 07, 2004
MUKESH SINGH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) BY means of the present writ petition, the petitioner has approached this Court for issuing a writ of certiorari, quashing the order dated 9 -7 -2004 passed by respondent No. 2 (Annexure -1 to the writ petition) and a writ of mandamus directing the respondents not to transfer the petitioner in pursuance of the order dated 9 -7 -2004. The brief facts of the case are that the petitioner who is working as Inspector (Station House Officer) at Police Station G.R.P. Varanasi, has been transferred by order dated 9 -7 -2004 (Annexure -1 to the writ petition) from G.R.P. Varanasi to the Office of the Superintendent of Police, Railways, Allahabad.

(2.) THE ground of the challenge by the petitioner regarding petitioner's transfer is that the petitioner has been transferred only on political ground and on the basis of the instructions issued by the Chief Minister, on the request of the respondent No. 5 who is a office bearer of the ruling party. The further case of the petitioner is that one Dr. K.P. Yadav who has been arrayed as respondent No. 5 wrote a letter dated 29 -5 -2004 to the Hon'ble The Chief Minister, Uttar Pradesh, stating that one Sri S.N. Yadav, Inspector, who is presently attached to G.R.P. Mukhyalaya, Allahabad, his daughter's marriage has been arranged with the son of Shri S.N. Yadav, so he be posted as Station House Officer, Police Station, G.R.P. Varanasi, Cantt, and due to which, his honour shall be enhanced. On the aforesaid letter, one of the personal Secretary on the instruction of the Hon'ble Chief Minister has put a note for A.D.G. (Additional Director General of Police, Railways) to do accordingly. The said letter has been annexed as Annexure -3 to the writ petition. In the aforesaid context, the petitioner has challenged the order of transfer and has stated that the said order of transfer has been passed on the political pressure and is politically motivated and the same is not in public interest but for the personal interest and only to accommodate the respondent No. 4. It has also been stated that though in the impugned order it has been said that the transfer of the petitioner is being passed in public interest but the same has been passed on the instructions of the Chief Minister to oblige respondent No. 5 Dr. K.P. Yadav. On the behest of the aforesaid fact, the respondent No. 2 has passed the order dated 9 -7 -2004, and has misused his position. It has also been further submitted by the petitioner that there was no complaint against the petitioner by any one from the public or police personnel. It has also been stated that the petitioner has some unavoidable hardship, regarding his own illness as the petitioner has met with an accident on 9 -9 -2003 and has got some head injury, since then the petitioner is under going treatment at Alakhnanda Hospital, Varanasi by the Specialist Neuro Surgeon Dr. R.P. Singh and the doctor advised the petitioner to complete supervision for one year under him. The further other grounds regarding the studies of the children have also been mentioned in the writ petition. It has also been stated that the order of transfer has been passed in the mid session against the transfer policy as the transfer order if any, should have been passed on or before 30th June of every year.

(3.) IT appears that the respondent No. 4 who has been posted in the place of the petitioner was aggrieved by the order passed by the Hon'ble Single Judge, therefore, a Special Appeal No. 860 of 2004 was filed before this Court and this Court was pleased to allow the appeal. After hearing counsel for the parties, the Division Bench of this Court was pleased to set aside the order passed by Hon'ble Single Judge dated 20 -7 -2004 as the appeal was filed against the interim order.